<div class="chunk-title">Sec. 36-185. - Regulation of outdoor sales.</div>
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            <p class="incr0">
               (a)
               
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               [<span class="ital">Purpose.</span>] The intent and purpose of this section is to establish minimal regulations and restrictions
               intended to ensure that outdoor sales; do not interfere with the orderly and safe
               movement of pedestrian and vehicular traffic; do not interfere with the proper maintenance
               of parking and yard areas; do not cause congestion in the streets or public rights-of-way;
               are conducted within structures safe for public occupancy when structures are used.
               At the same time, these regulations intend to recognize the tradition of outdoor sales
               as a part of Ocracoke's economy and also recognize and encourage the responsible development
               of outdoor sales establishments as an entrepreneurial incubator.
               
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            <p class="incr0">
               (b)
               
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               <span class="ital">Definitions.</span> For the purpose of this section the following definitions shall apply:
               
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               <span class="ital">Kiosk.</span> A small, free-standing non-residential structure which is primarily intended as a
               place for the conduct of sales, rentals, information exchange, self-service, etc.
               Also referred to as a booth, portico, pavilion, venting station, etc.
               
            </p>
            <p class="p0">
               <span class="ital">Outdoor sales.</span> The display and/or sale of any merchandise, commodities or product where primary
               transactions are conducted a) in the open air; b) within a temporary structure, or:
               c) within a kiosk or similar structure.
               
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            <p class="p0">
               <span class="ital">Permanent installation.</span> A structure attached to the ground by in-ground piers, pilings or posts, at least
               three and one-half inches in cross section, and set such that they are not removable
               without the use of digging tools or equipment.
               
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            <p class="p0">
               <span class="ital">Temporary structure.</span> An enclosure or covering which is readily dismantled or readily moved, including,
               but not limited to tents, canopies, tarps, trailers, food trucks, leantos, pre-fabricated
               sheds, sheds and similar structures. This definition shall apply to any of these and
               similar structures even if, at a later date, the structure is modified, strengthened
               or made more permanent.
               
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            <p class="incr0">
               (c)
               
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               <span class="ital">Grandfathered uses.</span> Outdoor sales establishments in existence on the approval date of this amendment
               shall be exempt from sections of this amendment as follows:
               
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            <p class="incr1">
               (1)
               
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               Permanent installations in existence on the approval date of this amendment including
               certain signs, displays, kiosks, booths, etc. may remain in their existing locations
               without regard to the setback requirements in this amendment.
               
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               (2)
               
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               Outdoor sales establishments in existence on the approval date of this amendment shall
               not be subject subsection (i).
               
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               (3)
               
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               Except as subsections (1) and (2), existing outdoor sales establishments shall be
               subject to the provisions of this amendment.
               
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               (d)
               
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               <span class="ital">Exceptions.</span> The following categories of outdoor sales are not subject to the regulations in this
               section: temporary yard and rummage sales and the like; the outdoor seating portion
               of a restaurant which is otherwise not an outdoor sales establishment; sales organized
               and operated by anyone under the age of 16; vending machines and self-service sales
               taking no more than none square feet; sales as a part of a short-term festival, parade,
               non-profit fundraising event and the like.
               
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            <p class="b0">
               All other outdoor sales shall be considered regulated outdoor sales establishments.
               The following regulations shall apply to regulated outdoor sales and shall be enforceable
               by the ODO enforcement officer.
               
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            <p class="incr0">
               (e)
               
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               <span class="ital">Permit required.</span> All regulated outdoor sales establishments shall be required to apply for an ODO
               permit by the regular ODO permit application. Approval of that application shall constitute
               approval to conduct an outdoor sales establishment under these regulations. Where
               a single owner operates more than one outdoor sales establishment, a separate permit
               must be acquired for each location. Where more than one point of sale may exist on
               a single lot, each establishment must acquire its own permit.
               
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               (f)
               
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               <span class="ital">Location.</span> Regulated outdoor sales may take place anywhere within the Village of Ocracoke as
               long as the owner of the outdoor sales establishment is either the owner of the land
               it sits on, or has the expressed written permission of the owner of the land it sits
               on. At the order of ODO enforcement officer the owner of the outdoor sales establishment
               shall provide any documentation necessary to establish compliance with these regulations.
               
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               (g)
               
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               <span class="ital">Setbacks.</span> All structures, signage, displays, etc. associated with outdoor sales shall be subject
               to the following minimum setback requirements: from any paved public street â€” ten
               feet from the edge of the asphalt pavement; from any unpaved public street â€” four
               feet from the road edge; from side and rear property lines â€” eight feet; from any
               structures, signage, displays, etc. associated with another outdoor sales establishment
               â€” eight feet.
               
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            <p class="incr0">
               (h)
               
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               <span class="ital">Safe passage.</span> In addition to the minimum setback requirements above, all structures, displays,
               merchandise, products, signage, flags, banners, etc. Shall be arranged such that no
               portion shall block or hinder established public pedestrian and bicycler passageways
               or obstruct reasonable sight-lines required for safe vehicle passage at driveways
               and intersections. The application of this paragraph to a particular site shall be
               at the order of the ODO enforcement officer. On request of the affected business owner,
               the order of the ODO enforcement officer may be subject to additional review, in consultation
               with the ODO enforcement officer, the county sheriff's office and the business owner.
               Final determination shall be by the ODO enforcement officer. All rights and processes
               for appeal, as outlined in this article shall remain in effect.
               
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            <p class="incr0">
               (i)
               
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               <span class="ital">Parking.</span> All regulated outdoor sales establishments shall designate at least two readily accessible
               parking places. Both designated parking places shall be kept available for customer
               parking during hours of operation. Such designated parking places shall not reduce
               the available parking of another business or residence such that it may fall below
               its parking requirements as set out in this article. If the designated parking spaces
               are on land which does not belong to the owner of the outdoor sales establishment,
               a letter of agreement from the land owner shall verify the designation.
               
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            <p class="incr0">
               (j)
               
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               <span class="ital">Off-site impacts.</span> regulated outdoor sales establishments shall minimize off-site impacts. No lighting
               shall shine directly onto an adjacent residence. Trash and garbage, associated with
               the business, which is not contained, whether on-site or off, shall be the responsibility
               of the business to clean up daily. Aggressive hawking, noise, music, signage, flags,
               etc. shall not create a nuisance.
               
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            <p class="incr0">
               (k)
               
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               <span class="ital">Related sections.</span> Outdoor sales regulated under this section shall not be subject to the provisions
               of<a href="" data-chunk-id="PTIICOOR_CH36SU_ARTVIIOCDE_DIV2ADEN_S36-182TEST" class="section-link" data-product-id="14661"> section 36-182</a> nor<a href="" data-chunk-id="PTIICOOR_CH36SU_ARTVIIOCDE_DIV2ADEN_S36-177PA" class="section-link" data-product-id="14661"> section 36-177</a>.
               
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            <p class="incr0">
               (l)
               
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            <p class="content1">
               <span class="ital">Other codes.</span> The ODO enforcement officer shall call for the enforcement of all existing building,
               electrical, fire, health department codes and the codes and regulations of other jurisdictions
               as may apply to any portion of a regulated outdoor sales establishment.
               
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            <p class="historynote0">
               (
               <a class="ordinance-link" href="" data-product-id="14661" data-ordinance-id="597988">
                  Amd. of 6-3-2013
                  </a>
               )
               
            </p></div>